Delay bid on pony deaths case fails

LAWYERS acting for the operators of the Spirit of Tasmania ferries have failed in a bid to further delay a longawaited hearing into the death of 16 polo ponies during a Bass Strait crossing more than four years ago.

The three-week hearing was set to start in the Burnie Magistrate’ Court on Monday after years of adjournments and legal argument.

But lawyers for TT-Line asked Magistrate Leanne Topfer to again adjourn the case arguing they had just received a report from a veterinarian who attended the 16 dead and two injured ponies on their arrival in Victoria.

Prosecutor Simon Nicholson opposed the adjournment application.

The court heard the vet’s report offered an opinion about the risks associated with not individually stalling horses.

TT-Line’s lawyers argued they needed more time to read and understand the implications of the report on their defence.

“We need time to respond. There should be no surprises at this stage of court proceedings,” defence lawyer Robert Taylor said.

“It took the prosecution 18 months to lay charges and they are still gathering evidence now. We get new evidence on the Friday before the hearing starts on Monday and we seek an adjournment.”

But Magistrate Topfer said she had to consider the impact of a further delay on the court’s resources and schedule.

TT-Line has pleaded not guilty to numerous animal welfare charges stemming from the death of the ponies.

They were found dead at Yarra Glen after they returned to Victoria on board the Spirit of Tasmania after a polo tournament in Barnbougle in January 2018.

Magistrate Topfer said if TT-Line was found guilty of the charges, the company would face a substantial fine.

She said the report from the vet offered opinions of the risk of transporting horses across Bass Strait and that single stalling the animals would stop them fighting or kicking while confined.